I saw her conceal the um female version of the razor blades and 2 hours down I saw her conceal our Gillette version of razor blades all of which has been happening there I can see it from here the sort of problem see it's for shoplifting from months US and various cops in the area okay so you you already have um could you please reiterate that we are gonna post some trespass I know for you guys standards 18 months for you guys but Costco's never again on any Costco grounds ever one 1 7 they all went to 1 1 7 I don't know what's going on okay that's fine we'll go make contact with the officer we're gonna make contact with the officer this analysis examines the constitutional and statutory framework governing a retail theft detention the focus is the law not a retelling of the encounter a police detention must rest on reasonable suspicion and an arrest on probable cause under Terry versus Ohio decided in 1968 officers may briefly detain a person on specific articulable facts suggesting criminal activity a store agent's firsthand observation of concealment is direct evidence not a hunch and easily satisfies that threshold probable cause itself is measured by the standard in Beck versus Ohio decided in 1964 the question is whether the facts known to the officer would lead a reasonable person to believe an offense occurred Florida codifies this authority by statute what's up what's up I think 1:17 oh no those are threes those are threes but it could be in the back side of you guys make contact with the LP no I don't know these f**cking numbers that's why I said I'll put the 6 over by the TV so we can figure out you wanna stay here and then we'll go well you guys you guys wanna stay here I'll go check the actual office well she's not LP but like the uh occupation name yeah but they can I can at least relay information on where they might be at yeah that works alright nimbler cat 7 1 2 8 1 dollar 7 2 7 4 7 5 7 6 7 7 7 8 7 10 7 11 7 12 7 13 7 14 7 fifteen 7 16 7 17 7 18 7 19 7 20 7 21 7 22 7 23 7 24 7 25 7 26 7 27 7 28 7 29 so I guess the kids he's he's gonna use the diamond yeah so so yeah so you have a Spanish no oh OK hi I'm not funny are you guys here for me yeah we were told Anna is the one we need to look for here I am right here no they're coming up to the side right here oh LP's with her that's why it's like first he was like with he's over there 2 3 back I'll be by the wine section put two packs of raisins in her in her uh part of that concealed 2 3 I'll be 10 12 at the female by the produce section hello hi how are you good how you doing good you mind coming to talk to me for a second huh you mind coming to talk to me for a second alright grab your bag you can leave the cart here you can leave the cart here just grab your bag where's your office alright let's go over there 2 three 7 14 I'll be 51 with a few minutes to help you out we're gonna go where's your office show me alright come on over here come on you don't speak English no no okay we're gonna go over here yeah Spanish do you speak English no no nothing she don't speak English no English no OK one more like one more like I got it OK five four three it's quite the turnout yeah I'm on I'm already on nobody's nobody's checking in no I didn't check anything nope so so I was a foot from the area I was down 1:00 36 area of our foods I saw her conceal the um female version of the razor blades and 2 hours down I saw her conceal our Gillette version of razor blades all of which has been happening there I can see it from here the sort of problem see it's for shoplifting from months US and various cops in the area okay so you you already have um I heard description of what you're talking about there was no description it was all pictures and stuff like that I haven't heard of that I haven't heard of that I haven't heard of that not really can you start on property receipts for these property receipts do you have can you start on property receipts under Florida Statute section 8 12.015 a merchant a store employee or an officer with probable cause may detain a suspected retail thief the detention must be carried out in a reasonable manner and for a reasonable length of time the statute defines retail theft to include concealing merchandise with intent to deprive the merchant of it this privilege is narrow it demands probable cause reasonable manner and reasonable duration exceeding any one of those limits strips the Protection and exposes the store to civil liability charging severity then turns on value under Florida Statute section 8 12.014 theft of property worth less than $100 is petit theft of the second degree a second degree misdemeanor value of $100 or more but under $750 is petit theft of the first degree grand theft begins at $750 low value concealed goods fall squarely within misdemeanor petit theft which is why a forcible custodial arrest would be legally disproportionate ah you get an ID or name can you write it down you get a photo of your receipt I don't know I don't have an ID or or listen Zach I can get a photo of you what happened your honor everybody's been having an issue with their team the one that came in and try to get us raise nice three days ago no tiene los medios económicos para comprar un abogado que tiene derecho a Spanish man this is the the process here right now we're on five minutes long but again as a rain of chocolate cross on you see the thank you so much she wants the case yeah nope unfortunately once you uh can't do the cr*p shoplifting there's nothing that we can carry on out so we are going to be accepting the charges from the victims and send it forward for you to see the shoplifting I'm not gonna submit it by now can you still have it nope sorry you know you made your decision it is what it is um does she speak any English she said no I think she does no that's fine yeah could you please reiterate that we are gonna post some trespass I know for you guys standards 18 months for you guys but Costco's never again on any Costco grounds ever today is the seventh 6 6 a separate legal mechanism also operates here under Florida Statute section 8 10.09 once an owner or authorized agent communicates an order not to return a later entry becomes a first degree misdemeanor a trespass warning does not punish past conduct it converts any future presence on the property into a new independent crime the 14th amendment guarantees due process when legal consequences are conveyed to a person who does not speak English through staff affiliated with the accuser the reliability of that communication is legitimately in doubt this is not a bright line constitutional violation but law and policy alike favor a neutral qualified interpreter whenever understanding of legal terms is at stake The Fifth Amendment requires warnings only before custodial interrogation as established in Miranda versus Arizona decided in 1966 an investigative non custodial contact without sustained questioning about the offense does not trigger that requirement halfway through your shift it'll be a simple that's it I'll be simple let's get her her copy does it go through did it uh it should I think see yeah who wrote it did you write it she wrote it she she pushed down hard on it right she did a great job see how pretty she made it it's better than I know it looks like she brought it over yeah it's just nice she brought over the fork Otra vez LA ah para el día de hoy ah el día de mañana y el sábado y el Domingo okay do you have a question on that do you have a little bit of trespass yeah OK OK one more time alright the officers earn a B+ their legal foundation was sound their use of force was non existent and their charging decision was proportionate that grade is held below the top tier by reliance on an informal interpreter and by lapses in professional demeanor the subject earns a B presumed innocent and judged only on conduct she remained fully compliant and non resistant the safest posture in any police contact the department earns a B the procedural tools were applied correctly but the absence of a language access protocol is a systemic gap the lesson is twofold for agencies language access is not a courtesy it is a safeguard against later disputes over what a person actually understood for citizens compliance during a detention preserves every legal remedy for later when challenges to probable cause belong in a courtroom not on a store floor let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions